What is civil asset forfeiture?
Civil asset forfeiture is a legal process that allows the government to ask a court for permission to permanently keep property believed to be connected to criminal activity. The property may include money, vehicles, or other belongings.
If your property has been taken, you may have the right to challenge the forfeiture in court and ask a judge for your property to be returned.
Civil asset forfeiture is a civil court proceeding, which is different from a criminal case. A forfeiture case may involve someone who has not been convicted of a crime.
What should I do if my property was taken?
If you received court documents about a civil asset forfeiture case, read them. The court documents have important information and instructions.
Depending on your situation, you may need to file court forms to participate in the case or ask a judge for your property to be returned.
- Appearance: Tells the court and the other parties that you intend to participate in the case and provides your contact information.
- Answer to Complaint: Allows you to formally respond to the government's claims about your property.
- Proof of Service: Shows the court that you delivered copies of documents to the required people.
- Hardship Motion: Asks the court to temporarily return your vehicle because you need it for essential activities, such as traveling to work or medical appointments.
- Motion for Innocent Owner Hearing: Asks the court to consider returning your property if you were not involved in or legally responsible for the alleged criminal activity.
Please note: not every form is required for every case. The forms and deadlines that apply depend on your circumstances.
Where and when are court hearings held?
Civil asset forfeiture cases are heard in person and on Zoom.
| Date | Time | Court Proceeding |
|---|---|---|
| Monday & Wednesday | 1 p.m. | Return Dates |
| 1:30 p.m. | Preliminary Hearings | |
| 2 p.m. | Case Management | |
| 3 p.m. | Motions | |
| Tuesday & Thursday | 1 p.m. | Court Set Matters |
| 1:30 p.m. | Trials |
If your proceeding allows remote attendance, use the following information to join:
Zoom Meeting ID and link to join: | Passcode: | Join by phone: |
|---|---|---|
760510 | (312) 626-6799 |
Court proceedings are held in the Richard J. Daley Center, Courtroom 1707 (Calendar 13). Check your court notice or order to confirm the date, time, and instructions for your specific case.
Questions about signed court orders
For questions about signed or stamped court orders, email: Countycrt1707orders@cookcountycourt.com
How can I get help with my case?
If you do not have a lawyer
You can contact CARPLS for legal advice and assistance.
CARPLS Cook County Legal Hotline
Phone: (312) 738-9200
Monday – Friday, 9 a.m. – 4:30 p.m.
Cook County State's Attorney's Office — Forfeiture Unit
Please note that the State's Attorney's Office represents the government in forfeiture proceedings. It does not provide independent legal advice to people challenging forfeiture.
To arrange an in-person appointment to discuss your case with the State's Attorney's Office, visit:
Richard J. Daley Center, Room 300 (3rd Floor)
Monday – Thursday, 9 a.m. – 3 p.m.
Additional information
Additional court documents and legal information
Illinois laws governing civil asset forfeiture
Civil asset forfeiture proceedings are governed by several Illinois laws. The law that applies depends on the circumstances of the case.
The applicable statutes include:
720 ILCS 5/36; 735 ILCS 5/2-601; 735 ILCS 5/2-301; 735 ILCS 5/2-615; 735 ILCS 5/2-619; 720 ILCS 570/505; 720 ILCS 570/100; 720 ILCS 5/29B-1; 725 ILCS 150/1; and 410 ILCS 620/1.
These references are provided for people who want to review the laws governing these proceedings.